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This rule implements portions of section 6101 of the Patient Protection and Affordable Care Act (Affordable Care Act), which requires the disclosure of certain ownership, managerial, and other information regarding Medicare skilled nursing facilities (SNFs) and Medicaid nursing facilities.

Overall Description of Deadline: Per the CMS notice published December 30, 2004 (69 FR 78442), except for certain Medicare payment regulations and certain other statutorily-mandated regulations, we schedule all Medicare final regulations for publication within the 3-year standardized time limit in the current Unified Agenda. We do not intend to delay publishing a Medicare final regulation for 3 years if we are able to publish it sooner.

Statement of Need:

This rule is necessary for CMS and states to obtain important data about the owners and operators of nursing facilities. This will better enable CMS and states to monitor the ownership and management of these providers; this is an especially critical consideration given documented quality issues and differences in outcomes in nursing facilities with certain types of owners, such as private equity firms. The rule would also serve as an important component of this Administration's initiative to improve the safety, quality, and accountability of nursing homes.

Summary of the Legal Basis:

Section 6101(a) of the Affordable Care Act (Pub. L. 111-148) added a new section 1124(c) to the Social Security Act (the Act). This provision established requirements for the disclosure of information about the owners and operators of Medicare SNFs and Medicaid nursing facilities.

Alternatives:

None. This rule implements a statutory requirement.

Anticipated Costs and Benefits:

We believe the data furnished under this regulation will help CMS more closely monitor the ownership and management of nursing facilities. This, in conjunction with the Administration's other initiatives, could help improve beneficiary care, although potential benefits cannot be monetarily quantified.  As discussed in the published proposed rule, the lone category of costs associated with this rule involves nursing facilities' submission of the required information. We do not anticipate any direct savings or transfers principally because the rule merely involves the submission of data for CMS or state review.

Risks:

No risks are anticipated.